Steps taken to improve child protection

AUSTIN -- The Supreme Court of Texas has established the Permanent Judicial Commission for Children, Youth and Families to focus on improving courts and court practice for children and families in the child-protection system. The commission's formation comes after a two-year planning process that culminated in an historic public hearing before the court this September. At that hearing, child-welfare experts and community volunteers throughout the state described the substantial challenges foster children face in the court system.

The message was clear. Stable kids become responsible adults, but those who fall through the cracks too often wind up on the streets or in prison. Courts, as gatekeepers for families in crisis, play a critical role in determining which it will be. And courts lack the resources needed to make the best decisions.

There is practically no other area of law in which the stakes are higher and the judges need more support than in child-protection cases. Yet our court system reflects a serious misallocation of resources. Simple fender-bender cases are often afforded week-long trials, while decisions regarding where a child will live, what family members a child may see, and whether family reunification is possible must typically be made in 15 minutes or less due to overcrowded dockets. Far too many children get stuck in the system, aging out of foster care with no place to go. Statistics show that their futures are bleak. On the other hand, good things happen when courts collaborate with well-prepared and trained professionals.

Nothing in academia or a blue-chip law practice quite prepares lawyers or judges to handle these types of cases. Multi-disciplinary training in such fields as substance abuse, mental health, child development, and domestic violence is needed before good decisions that dramatically impact a child's and a family's future can be made.

A culture change

As a specialty, child-protection law is in its infancy. Few attorneys reach the bench from this area of practice, and those who do soon rotate out to take on civil dockets often perceived to be more prestigious in nature. The judicial culture needs to change, and leadership must come from all levels of the court system.

Quality judicial training and adequate time-allocation is only part of the solution. For optimal decision-making, judges require meaningful input from a number of crucial sources, like Child Protective Services caseworkers, attorneys ad litem, and court-appointed special advocates (CASAs). Training for these roles is critical as well.

The Permanent Judicial Commission for Children, Youth and Families will provide a vehicle for leadership and collaboration among the judiciary, the Legislature, state child-welfare agencies, various stakeholders, and the community. Best practices developed in particular areas of the state can be shared with others, and data can be gathered to measure progress and quantify the need for resources. Most of all, real change can be effected that will improve the lives and life chances of Texas children who find themselves in the foster-care system through no fault of their own.

Foster youth who transition into successful adulthood generally point to one person who made a difference in their lives, who changed the path they were on. Texas is blessed with many individuals who devote enormous time and talent to making a difference in children's lives. The commission will build on their good work and dedication to make our child-protection system the best it can be. We owe our children nothing less.

Harriet O'Neill was elected to the Texas Supreme Court in 1998 and re-elected to a second term in 2004. She previously practiced law in Houston.